Claim for third-party spoliation of evidence against hospital was not subject to Medical Malpractice Act procedures.
Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)
Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.
Beattie v. State, No. 82S01-0907-CR-307, __ N.E.2d __ (Ind., Apr. 8, 2010)
Inconsistent verdicts in criminal cases are permissible and are not subject to judicial review.
Berghuis v. Smith, No. 08–1402, __ U.S. __ (Mar. 30, 2010)
Sixth Amendment jury trial right’s “fair cross-section” requirement demands no particular method for determining fair representation of “distinctive groups.”
Akard v. State, No. 79A02-0904-CR-345, __ N.E.2d __ (Ind. Ct. App., Mar. 30, 2010)
Use in State’s case-in-chief of defendant’s post-arrest, pre-Miranda silence violated the Doyle v. Ohio rule against using defendant’s post-Miranda silence against him.